Cue Or Fraud

[capted]

My DRO hearing claim was denied for presumptive illness of PC due to no records that I was in Vietnam.

Five notarized buddy letters from fellow aviators attesting that I was in Vietnam were listed as evidence in the SOC.

My VA advocate and I discussed these letters in the presence of the DRO for 13 pages of the transcript of the hearing.

In the SOC REASONS AND BASES:

The DRO purposely ignored by buddy letters in the REASONS AND BASES section.

I had hard evidence that my squadron (VP-42) was deployed to Iwaukuni, Japan and sent

detachments to Vietnam. I had hard proof that I was a Naval Aviator member of VP-42 at

the time VP-42 was sending detachments to Vietnam. Combined with the credible lay evidence

of 5 Naval Officers the decision should have been in my favor.

The DRO stated "There is no basis in the available evidence of record to establish service connection for prostate cancer".

The buddy letters were listed as evidence and discussed.

She did not refute the letters (available evidence) in the REASONS AND BASES, she purposely ignored them.

Is this a mistake in clear and unmistakeable evidence or fraud?

Should I sue?

Why should I have to wait two years or more for a VBA?

[carlie]

Capted,

I saved your post here without the document attached.

You can probably make copies of the pages you want to scan and post,

mark out all of the personal info like name, SSA #, etc...

Then rescan that and post it back in this topic.

Here's your post.

Hi Guys,

"Here is a scan of the Reasons and Bases:

My main concern is presence in Vietnam which will get me 100%.

I put in for tinnitus. I presented a study that said people with normal

hearing can have tinnitus. Tinnitus is not diagnosable.

She said the study was "generic" and did not apply to me because

my name was no where in the article.

Where does the VA get such people."

[capted]

OK, we'll try this again.

In the pdf file you will see the DRO did not mention my buddy letters but only a set of orders without my name.

I also uploaded one of my buddy letters so you can see the quality.

I went to the State VA rep today and he said she really made big errors in applying the law.

capted

Reasons Bases2.pdf

[john999]

I don't see what is wrong with that buddy letter and I don't see how the VA ignored it. Maybe it did not mention enough detail as to exact dates and details of a mission.

[Stretch]

This really gripes me.

Many shops on carrier were given only one or two monthly billet assignments for flight deck hazardous duty pay to cover 30 or more people. Usually the chiefs and first class PO's took the billets. They never even went on the flight deck. Many people who worked on the flight deck were not even assigned ahazardous billet. The assignment of this pay was proof of service in hazardous areas. I got it because I was up there all the time with normal work and loading bombs, with pictures. I thought the reason for cheating these billet was because the DoD just didn't care or trying to save money, but now I know it is deliberate because the billet can show location and attest to service in hazardous areas.

It is obvious to me that this is done as common practice, in time of war, with higher ranking people or selected people getting the billet assignments. This shows that a DoD's experiences with prior wars service connections has caused them to be very careful in assigning these billets. Many service members actual service is deliberately obscured to the detriment of the Veteran. The VA's individual claims are already setup, through the DoD, way before claims are even considered by the Veteran.

I would continue this on appeal. If this goes to the Vets Court it will be questioned and remanded on this very issue. I can't afford to get this angry anymore, but this is the one that gets everytime.

Edited April 13, 2011 by Stretch

[Philip Rogers]

capted - is there any mention of the buddy letters, in the evidence section of the decision??? The only thing I can see that would be better is if the letter(s) was sworn/attested to. It sounds like they either don't have them or just outright ignored them.

pr

[Berta]

The buddy letter they mentioned does not show him on the deployment list.

I suggest you contact JSRRC (Joint Service Records Research Center.

The VA didnt seem to run this through JSRRC because they didnt have enough to trigger that type of search.

They need very detailed info and will attempt to verify your deployment to Vietnam.

Best to call them first-as they might advise a different method of attaining this info.

Buddy statements in your case will have to state the buddy was in same squadron ,same dates etc etc and could verify that you were deployed to Vietnam.

Although the Tinnitus C & P was 50-50 thus favorable, the VA used your post service occupation against you to deny the claim.

If you can prove that you had ample acoustical trauma protective equipment (head gear) -post service , but none during your Vietnam service period- that is a good argument to raise when you appeal this.